Fraud Vs Privacy – Aadhaar disclosures for Crime Investigation
Judgment dated 7.5.2026 of the High Court of Andhra Pradesh at Amaravati in Writ Appeal No.252 of 2026 of Shri Sitaramanjaneyulu Elaprolu Vs. The Union of India and others
It is said that the respondent no.5 had impersonated the appellant by creating an Aadhaar Card and fraudulently executed two sale deeds of the land belonging to the appellant.
The appellant filed FIR and also the suit for declaration. The appellant had also sought details of Aadhaar card with biometric information from the respondent no.2 under the RTI Act. However, the information was not given. The appellant filed the writ petition for information of Aadhar Card.
As can be seen from the provisions of Section 33(1) of the Aadhaar Act, 2016, there is no absolute bar for release of such information. However, such information, as is permissible under the provisions of the Aadhar Act 2016, can be released only after necessary safeguards are in place. It is for that purpose that the release of such information is restricted and is permissible only when an order of a court which is not inferior to a High Court is obtained.
In the present case, a person who is alleged to have committed an offence of forgery for personal gain, cannot be permitted to get away with such an offence, if he has committed such an offence, on the ground of protection of his privacy. In any event, the Aadhaar Card is officially said to have been issued in the name of appellant himself. In such circumstances, the question of privacy also may not arise.
On a conspectus of the aforesaid facts, this Court is of the view that the said information should be released by respondent No.3 to respondent Nos.6 & 7 for purposes of proceeding with the investigation in Crime No.430 of 2021.
